Posts
Way Low Bid to Move Rock Costs Contractor
Massachusetts’ Appeals Court decided an unknown site conditions case where the low bid contractor used a very low plug number for its estimated cost to remove the unknown quantity of subsurface rocks. The owner required this figure because it wanted the contractor to bear the cost risk of subsurface surprises. When the project was… Read More »Way Low Bid to Move Rock Costs Contractor
Fired Owner’s Rep Sues Construction Manager
The lesson of the case - cost is cost. A recent Maryland case is interesting because an owner’s rep tried to sue a CM for giving a way low preliminary GMP. Due to the contract language - that argument didn’t work. The CM sued for the changes the owner’s rep refused to authorize. … Read More »Fired Owner’s Rep Sues Construction Manager
Court Protects Lenders From Local Foreclosure Ordinance
Local Rules Go Too Far Massachusetts’ Supreme Judicial Court stopped enforcement of a local ordinance aimed at cleaning up problems caused by empty, foreclosed properties. Despite the blight resulting from loose lending in Springfield Massachusetts, sometimes called the City of Neighborhoods, the rules enacted by the city to govern foreclosing owners would have disrupted more… Read More »Court Protects Lenders From Local Foreclosure Ordinance
Integrated Contracts No Good If Owners Can Ignore Reality
You have to want to integrate Contractors’ walking off a Denver VA Hospital project, was justified by a decision of the Civilian Board of Contract Appeals who said the Owner’s dysfunctional staff prohibited the integration required by the Integrated Design and Construct contract. The VA culture “does not encourage or is [not] comfortable with new… Read More »Integrated Contracts No Good If Owners Can Ignore Reality
Unreasonable Misuse Evidence Blocks Warranty Claim Injury Recovery
Conduct of the claimant admitted as a defense to machine design defect warranty claim; jury finds that conduct blocks all recovery. Affirmed on Appeal. Rose v Highway Equipment Company 86 Mass App Ct 204 (2014) WORKER INJURED MAINTAINING WORK EQUIPMENT Rose, a worker injured while performing maintenance on heavy machinery, sued the manufacturer of the… Read More »Unreasonable Misuse Evidence Blocks Warranty Claim Injury Recovery
Need for Owner’s Oversight of BIM Tool Use Increases As More Adopt New Tools
Existing Conditions Reality Capture via Laser Point Clouds - Another Interface for BIM Few lawyers attended the 10/2/14 BIM Perspectives seminar I went to but lots of A/E/C professionals were there. The event was sponsored by a Microsol a company that sells Autodesk services to the A/E/C community. The new tools were impressive. Laser Scanning… Read More »Need for Owner’s Oversight of BIM Tool Use Increases As More Adopt New Tools
If You Don’t Explain It; You Can’t Retain It
Construction contracts often hold back some contractor pay until the job’s end. Massachusetts lawmakers enacted a law in August 2014 to make those holdback payments flow – and to impose a record keeping burden on those who would rather not release retainage. The enactment, Chapter 149 Section 29 F sheparded through by the Associated Subcontractors… Read More »If You Don’t Explain It; You Can’t Retain It
Who Assumes Defense If Indemnity Depends On Sole Fault?
A Massachusetts case between a car dealer franchisee and an auto manufacturer Ferreira v Chrysler Group LLC shows when and if liabilities from claims by consumer purchasers, flow between downstream sellers and upstream makers– and who has to pay to defend while the fault is being figured out. Ferreira bought a Chrysler and believing it… Read More »Who Assumes Defense If Indemnity Depends On Sole Fault?
Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
A Massachusetts doctor, who didn't sign an arbitration agreement between a nursing home and its patient, couldn't be forced to take part in the arbitration, or to be stuck with the result, when the patient claimed malpractice. The case Walker v Collyer found a patient trying to force a doctor into an arbitration the doctor… Read More »Broad Seep of Arbitration Clause Can’t Pull in Non-Signers
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